Big tip-o-the-hat to Courthouse News Service for following up on the class action suit brought by Texas resident Karen McPeters against Montgomery County’s (Texas) mandatory use of LexisNexis for electronic filing of court documents. We discussed the Federal class action lawsuit brought by McPeters back in April, but it appears that the Federal Judge
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LexisNexis Attorney Claims Public Has No Constitutional Right To Access Courts
Seems that the issue of paying third-party vendors a fee to file documents in state courts has raised its head again – this time in Georgia. We covered this issue back in April when a claim was made against a Texas court that these types of fees were RICO violations. According to a Fulton County…
If You Have A Case Pending In New York Court… Shutdown Your Facebook Page Now!!
There have been a couple of very interesting opinions coming out of New York recently. I’ll lay out the decisions below, but my reading of these decisions tells me that if you’re a lawyer in New York, you should suggest to your clients that they shutdown their Facebook, MySpace, Twitter, or any other social media…
Thanks to LinkedIn, Your Client Database May Not Be a Trade Secret
There was an interesting ruling out of the Eastern District of New York last month where a Defendant argued that data found on LinkedIn, Facebook and other social media sites prevents the Plaintiff from claiming Trade Secret protection on its Client Relationship database. In Sasqua Group, Inc. v. Courtney, [PDF], Sasqua Group’s owner,…
Judge: Don't Make A "Federal Case" Out of a Bureaucratic "SNAFU"
The Uhms enrolled in a Medicare Part D prescription drug benefit through Humana Health Plans, Inc. They enrolled, Humana took their $6.90 for two months, but apparently forgot to actually enroll them in the plan. So after weeks of trying to get Humana to make things right, the Uhms did what any red-blooded American wants…
It Seems That Judges Want More In Your Complaints Than Just Your Complaining
Sometimes reading the morning legal headlines can be funnier than reading the comics. This morning I came across two articles where Judges dismissed the cases and also blasted the plaintiffs for submitting petitions to the court that either didn’t list a single legal reference to back up the claim, or attempted the “everything and the…
Dear Court Librarians – Why Should I Have To Pay To Maintain Print Collections?
Obviously, everything we need is on the Internet, right??
That’s what Josie D. Schoolcraft wrote to the Editor of the Bullard Banner Newspaper. Ms. Schoolcraft believes that Cherokee County Texas is wasting the $4,176 in annual salary that goes to the person that maintains the books in the county’s law library. Is she right? Is…
Utah Court Tells "Citation Happy" Attorneys to Give Facts, Not Just Cites
You got to love a court opinion that starts out by reminding the attorneys of their responsibilities in filing petitions on appeal. In B.J. v. State of Utah (PDF) the three-panel judges from the Utah Court of Appeals spends about 1/3rd of the opinion explaining to the attorneys that spitting out a series…
Is a Texas Court's Requirement to File Exclusively Through LexisNexis a RICO Violation?
Texas resident Karen McPeters has brought a class action lawsuit against Montgomery County Judge Fredrick E. Edwards, Montgomery County Court Clerk Barbara Gladden Adamick, and LexisNexis claiming that requiring her to exclusively file documents through LexisNexis’ FileandServe product is a violation of US and Texas laws, and that the county and LexisNexis are engaged in…
US Supreme Court Phases Out PDF – Embraces Apple’s iPad Format (and Money)
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